The Maharashtra authorities as we speak opposed earlier than the Bombay High Court a bail petition filed by activist Sudha Bharadwaj, arrested within the Elgar Parishad case, saying her competition a few decrease court docket missing jurisdiction was incorrect.
Sudha Bharadwaj, in jail since September 2018, has sought bail on the technical floor that the court docket which took cognizance of the cost sheet initially lacked the facility to take action.
Advocate General Ashutosh Kumbhakoni argued that though the Unlawful Activities (Prevention) Act (UAPA) was invoked within the case, the investigation was taken over by the National Investigation Agency (NIA) from the police in 2020. The case fell beneath the purview of a particular court docket solely after the NIA took it over, he stated. The periods court docket in Pune, until then, had jurisdiction, he added.
Special courts are arrange beneath the NIA Act to “strive” the issues investigated by the NIA, which “doesn’t embrace hearings pre-trial,” Mr Kumbhakoni stated.
“The competition raised by the petitioner is fallacious,” the advocate basic claimed.
A division bench of Justices SS Shinde and NJ Jamadar will proceed to listen to the petition on July 23.
According to Sudha Bharadwaj, the periods court docket in Pune which remanded her and eight others in police custody in 2018 didn’t have the facility to listen to a UAPA case.
Her lawyer Yug Chaudhry argued in earlier hearings that in offenses beneath the UAPA, a periods decide can take cognizance solely on particular directions from the District Judge.
Police had alleged that “inflammatory” speeches made on the Elgar Parishad conclave in Pune led to caste violence on the Bhima Koregaon battle memorial within the district on January 1, 2018, and the conclave was backed by Maoists.
Activist Stan Swamy, arrested within the case final 12 months, died in hospital earlier this month.